Getting a work visa for the United States can be a complicated process, but is possible with employer sponsorship. There are several main types of US work visas that require company sponsorship, including the H-1B, L-1, E-3, O-1, and TN visas. The most common visa sponsored by US employers is the H-1B.
What is the H-1B visa?
The H-1B is a temporary nonimmigrant work visa that allows US companies to employ foreign workers in specialty occupations. These are jobs that typically require at least a bachelor’s degree or equivalent experience. Common H-1B occupations include IT workers, engineers, doctors, architects, professors, accountants, and more. An employer must sponsor the H-1B petition and prove that they need the worker’s specialized skills.
The H-1B visa is initially valid for up to 3 years and can be extended to a maximum of 6 years. After this time, the worker must either change to another visa status, apply for permanent residence (green card), or leave the US. Spouses and children under 21 years old can be granted H-4 dependent visas.
H-1B Requirements
To qualify for an H-1B visa:
- You must have at least a bachelor’s degree or equivalent experience/education
- The position must be a specialty occupation
- You must be sponsored by a US employer
- The employer agrees to pay you the prevailing wage for the occupation
H-1B Application Process
The H-1B application process involves the following steps:
- Find a US employer willing to sponsor you for an H-1B position
- The employer files a Labor Condition Application (LCA) with the Department of Labor
- Once certified, the employer submits the H-1B petition with USCIS
- If approved, you can apply for the H-1B visa at a US embassy/consulate
- Attend your H-1B visa interview
- If your visa is issued, enter the US in H-1B status
There are annual limitations on the number of new H-1B visas issued each fiscal year. Only 85,000 new H-1B workers are allowed per year, with 20,000 additional visas for those with a US master’s degree or higher. The application period typically starts on April 1st for an October 1st employment start date.
H-1B Visa Cap
Due to high demand, the H-1B is subject to a congressionally mandated cap each fiscal year. This table shows the number of H-1B petitions filed and how quickly the cap was met in recent years:
| Fiscal Year | Cap | Total Petitions Filed | Date Cap Reached |
|---|---|---|---|
| 2023 | 85,000 | TBD | TBD |
| 2022 | 85,000 | 308,613 | March 31 |
| 2021 | 85,000 | 275,000 | April 1 |
| 2020 | 85,000 | 201,011 | April 1 |
As you can see, the cap is often reached very quickly, sometimes within the first few days. This makes H-1B sponsorship competitive. Employers should file petitions as soon as possible once the application window opens.
Alternatives to the H-1B
If you are unable to get an H-1B visa due to the cap or other issues, there are some alternative work visas that may be options:
L-1 Visa
The L-1 visa is for intracompany transfers, allowing multinational companies to relocate workers to the US. To qualify, you must have worked for the overseas company for at least one continuous year in the past three years in an executive, managerial, or specialized knowledge capacity. There is no annual cap on the L-1 visa.
E-3 Visa
The E-3 is a specialty occupation visa specifically for citizens of Australia. The requirements are similar to the H-1B, but there is an annual cap of 10,500 E-3 visas available. It tends to be less competitive than the H-1B.
O-1 Visa
The O-1 visa is for individuals with extraordinary ability in science, arts, education, business, or athletics, demonstrated by sustained national or international acclaim. There is no cap, but can be difficult to qualify for.
TN Visa
The TN visa allows citizens of Canada and Mexico to work in the US in certain professional occupations outlined on the NAFTA treaty. It is processed at the border and does not require sponsorship. No annual limit, valid for up to 3 years.
How long does H-1B visa processing take?
The length of time it takes to get an approved H-1B visa can vary:
- Labor Condition Application – Takes about 1 week for Department of Labor certification
- I-129 Petition – Can take 2-8 months for USCIS approval due to volume of petitions
- Visa Interview – Wait time depends on individual US consulate, often 1-3 months
So in total, if selected in the H-1B lottery and there are no Requests for Evidence (RFEs), the process may take 3-12 months. Having all supporting documents and ensuring the petition is error-free can help expedite the process.
Can I apply for a green card after getting an H-1B?
Yes, it is possible to apply for permanent residence (a green card) after being working in the US on an H-1B visa. There are a few main options:
Employment-Based Green Card
An employer can sponsor you for a green card under the EB-2 and EB-3 categories, which account for workers with advanced degrees, exceptional ability, skilled workers, and professionals. This process involves PERM labor certification, I-140 petition, and I-485 adjustment of status application.
Family-Based Green Card
If eligible, you can apply for a family-based green card through marriage to a US citizen spouse or though other family relationships such as a US citizen parent or sibling.
Diversity Visa Lottery
Citizens of countries with historically low levels of immigration to the US can enter the diversity visa lottery each year for the chance to win a green card. However, only 55,000 diversity visas are available annually.
In some cases, you may be able to apply for adjustment of status from within the US while on an H-1B visa if an immigrant visa number is immediately available. Otherwise, you may need to undergo consular processing abroad when your priority date becomes current.
Conclusion
Getting a work visa in the United States can be challenging, but is certainly possible with an employer willing to sponsor you. The H-1B is the primary temporary work visa that leads to a green card for many foreign professionals. While the H-1B cap and long processing times can present difficulties, alternative work visas like the L-1 or E-3 are options depending on your situation. With strategic planning and timing, you can maximize your chances of securing a work visa and eventually permanent US residence.
